[Congressional Record Volume 140, Number 63 (Thursday, May 19, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 19, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                        PETITIONS AND MEMORIALS

  The following petitions and memorials were laid before the Senate and 
were referred or ordered to lie on the table as indicated:

       POM-515. A resolution adopted by the Senate of the 
     Legislature of the State of Hawaii; to the Committee on 
     Environment and Public Works.

                        ``Senate Resolution 225

       ``Whereas, the United States Department of Transportation, 
     acting under the Highway Safety Act of 1966, issued standards 
     for state highway safety programs in 1967, including one 
     requiring states to adopt motorcycle helmet laws; and
       ``Whereas, by 1975, all but three states had complied by 
     enacting motorcycle helmet laws; and
       ``Whereas, Congress amended the Highway Safety Act in 1976 
     to rescind the helmet law requirement and limit the 
     Department of Transportation's authority to the use of 
     funding sanctions for state noncompliance with federal safety 
     program standards; and
       ``Whereas, between 1976 and 1991, twenty-nine states 
     repealed or modified their motorcycle helmet laws; and
       ``Whereas, the motivation for federal intervention is 
     highway safety, yet a report to Congress by the General 
     Accounting Office dated July, 1991, entitled Highway Safety, 
     specifically states that ``motorcycle safety research is 
     limited by data shortcomings''; and
       ``Whereas, it is often alleged that the frequency of fatal 
     head injuries is much greater without mandatory helmet use 
     laws but no statistics or the method of compilation have been 
     shown; and
       ``Whereas, claims are asserted that severe injuries and 
     deaths increase substantially in states where mandatory 
     helmet use laws are repealed, yet the supporting data for 
     such claims has not been complied in a manner or form with 
     which all parties of interest can agree; and
       ``Whereas, a study by the Highway Research Center at the 
     University of North Carolina concluded that the severity of 
     motorcycle crash injuries was not associated with helmet use; 
     and
       ``Whereas, studies by the National Highway Traffic Safety 
     Administration covering the period 1987-1989 revealed that 
     fatality rates for motorcycle accident victims in no-helmet-
     law states were lower than in states categorized as helmet-
     law or modified-helmet-law states; and
       ``Whereas, a substantial number of motorcyclists and 
     passengers voice concern that riding with a helmet increases 
     the risk of accidents and injury due to restricted head 
     movement resulting in limited view; and
       ``Whereas, those states where mandatory helmet laws have 
     been repealed or modified have found that the issue of 
     personal freedom takes precedence over the risks, if any, 
     attendant to riding unhelmeted, and that adults are capable 
     of making responsible choices on their own behalf; now, 
     therefore,
       ``Be it resolved by the Senate of the Seventeenth 
     Legislature of the State of Hawaii, Regular Session of 1994, 
     That the United States Congress is requested to further amend 
     the Highway Safety Act of 1966 to delete the authority of the 
     Department of Transportation to use funding sanctions to 
     require states to enact mandatory helmet laws; and
       ``Be it further resolved, That certified copies of this 
     Resolution be transmitted to the President of the United 
     States Senate, the Speaker of the United States House of 
     Representatives, and the members of Hawaii's Congressional 
     Delegation.''
                                  ____

       POM-516. A joint resolution adopted by the Legislature of 
     the State of California; to the Committee on Finance.

                   ``Assembly Joint Resolution No. 63

       ``Whereas, The implementation of the North American Free 
     Trade Agreement (NAFTA) creates a welcome opportunity for the 
     wine industry in California to increase wine and brandy trade 
     for its quality products between the United States, Mexico, 
     and Canada; and
       ``Whereas, NAFTA has the potential to increase sales of 
     California wine and brandy to the rapidly expanding Mexican 
     market, which will result in healthy wine and winegrape 
     industries in California, and increased jobs, tourism, and 
     tax revenues; and
       ``Whereas, The California Legislature has a vital interest 
     in opening up markets for California agricultural products; 
     and
       ``Whereas, Canada is the largest importer of wines from the 
     United States, and Mexico is the fourth largest; and
       ``Whereas, Under NAFTA, Mexico has granted to the United 
     States a 10-year phaseout for tariffs on table wines; a six-
     year phaseout of tariffs on wine coolers; a 10-year phaseout 
     of duty on brandy; a five-year phaseout of tariffs for 
     dessert wines; and immediate removal of duty on champagne 
     types wines; and
       ``Whereas, Mexico recently entered into a separate 
     agreement with Chile, a major competitor with United States 
     wines in world markets, and under that agreement, Mexico's 
     duties on Chilean wines dropped from 20 percent to 5 percent, 
     and then to zero in two years; and
       ``Whereas, Mexican wine coolers receive immediate duty-free 
     treatment by the United States, compared to United States 
     wine coolers that require a six-year phaseout of the Mexican 
     tariff; and
       ``Whereas, Mexico is allowed 10 years to phaseout its 
     tariffs on United States brandy, but tariffs on Mexican 
     brandy imported into the United States drop immediately to 
     zero; and
       ``Whereas, The federal government has committed itself to 
     trade talks with Mexico beginning in January 1994, to 
     negotiate a more rapid tariff phaseout for wine and brandy 
     under NAFTA; and
       ``Whereas, The successful outcome of these negotiations is 
     crucial to achieving a level playing field for California 
     winegrape growers and winemakers; now, therefore, be it
       ``Resolved, That the federal government should do 
     everything possible in its negotiations with the Mexican 
     government to establish a ``level playing field'' for the 
     California wine and brandy producers and the winegrape 
     growers; and be it further
       ``Resolved, That the negotiations should result in the 
     immediate removal of Mexican tariffs on brandy and wine 
     coolers and the reduction of wine tariffs to the level that 
     Mexico has granted Chile; and be it further
       ``Resolved, That the Chief Clerk of the Assembly transmit a 
     copy of this resolution to the President and Vice President 
     of the United States, to the Speaker of the House of 
     Representatives, and to each Senator and Representative from 
     California in the Congress of the United States.''
                                  ____

       POM-517. A resolution adopted by the Senate of the 
     Legislature of the State of Hawaii; to the Committee on 
     Governmental Affairs.
       ``Whereas, federal mandates imposed on state and local 
     governments have increased greatly over the past several 
     decades; and
       ``Whereas, federal statutes and administrative regulations 
     for federal mandates impose substantial costs to the states 
     and counties; and
       ``Whereas, at the same time that federal mandates have 
     increased, federal funding for joint federal-state programs 
     has sharply decreased; and
       ``Whereas, federal budgetary difficulties may promote more 
     federal mandates on the states and counties for what are 
     actually federal programs; and
       ``Whereas, state and local governments are already strained 
     in their budgets, particularly in the costs of meeting the 
     federal mandates; and
       ``Whereas, the 1990 federal budget agreement imposed almost 
     $14 billion in mandated costs over the next five years to 
     state and local governments; and
       ``Whereas, any further federal mandates would seriously 
     jeopardize the financial well-being of the States and 
     counties; now, therefore,
       ``Be it resolved by the Senate of the Seventeenth 
     Legislature of the State of Hawaii, Regular Session of 1994, 
     That the:
       ``(1) Congressional Budget Office is requested to continue 
     its efforts to provide Congress with appropriate state fiscal 
     impact statements on federal mandate legislation that affects 
     the states and counties;
       ``(2) Congress is urged to enact legislation to require 
     federal reimbursement to state and local governments for 
     costs imposed upon them by federal mandates;
       ``(3) Office of Management and Budget is requested to 
     formulate a comprehensive catalogue of federal mandates 
     currently imposed on state and local governments; and
       ``(4) Administration is requested to appoint an executive 
     branch task force to monitor and coordinate the 
     administration's response mechanism to mandate proposals, 
     including mandates that are included in the President's 
     budget request and agency regulatory actions; and
       ``Be it further resolved, That the Attorney General of the 
     State of Hawaii determine if a basis exists for a cause of 
     action against the federal government where federal mandates 
     imposed without funding threaten to adversely impact the 
     state budget and economy; and
       ``Be it further resolved, That the Attorney General submit 
     a report on findings and recommendations to the Legislature 
     by September 1, 1994; and
       ``Be it further resolved, That certified copies of this 
     Resolution be transmitted to the President of the United 
     States, the President of the United States Senate, the 
     Speaker of the House of Representatives of the United States, 
     the Office of Management and Budget, the Congressional Budget 
     Office, members of Hawaii's Congressional Delegation, the 
     Governor of Hawaii, the Attorney General of Hawaii, and the 
     Mayor and Council Chair of each county.''

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